Imei of my seized cell phone
mohan
(Querist) 01 March 2013
This query is : Resolved
Dear experts,
In a bribery case ,I am one of the accused and there were as many as 5 accused in the charge sheet.My Mobile was seized from me and it is still with ACB. I was using a SIM card which was registered in my co-worker's name,who was also initially arraigned as one of the accused in the FIR. Now ,the charge-sheets have recently been filed and my co-worker has been let off for want of evidence and he is no longer accused.
My Number features in the CDR of many concerned individuals/accused, which were furnished along with the chargesheet.(as documents relied upon by ACB).While i see enough documents identifying the owner and the Sim card in respect of other accused,in my case ACB has not even obtained a statement from my co-worker to the effect that i was using the SIM registered in his name. I do not also see any CDR in respect of my mobile/SIM card too...
1.How can the prosecution prove that it was indeed the number i was using?
2.Is IMEI no of my seized cell phone enough to prove that i was the one who was using that number?
3.Is it because my Co-worker has merely been let off for want of evidence and was accused as per FIR that ACB did not obtain a statement.?
Kindly clarify....Thanking you.
P. Venu
(Expert) 01 March 2013
Please engage a good lawyer.
mohan
(Querist) 01 March 2013
Thank you Venu ji....May i request other experts to kindly give their comments,please...
Arun Kumar Bhagat
(Expert) 29 March 2013
1.How can the prosecution prove that it was indeed the number i was using?
Ans: By examining the persons who will prove that you were using the said number.
2.Is IMEI no of my seized cell phone enough to prove that i was the one who was using that number?
Ans: The Telecom service provider will prove that the said sim card was used from the said IMEI no.
3.Is it because my Co-worker has merely been let off for want of evidence and was accused as per FIR that ACB did not obtain a statement.?
Ans : Statements of accused are also taken by IO. Prosecution will not take risk to rely on co-accused's statement.
